122 Ga. 315 | Ga. | 1905
J. S. Parker sued A. W. Farlinger on account for services rendered. The account contained two items, viz., 4 1/2 days salary, Sept. 26 to Oct. 1st, 1903, $9.76, and salary for the month of October, $90. The defendant in his plea admitted that he employed the plaintiff as manager of his apartment house, but averred that the plaintiff was insubordinate and impertinent and failed to carry out his contract of employment, and that defendant discharged him. On the trial of the case the plaintiff testified that he was employed by the defendant as manager of a hotel and was to receive for bis services $65 per month and his board and room, which were worth $25 per month additional; that the contract of service was to begin October 1, and might be terminated by either party on fifteen days notice; that before October 1, defendant needed plaintiff, and the latter went to work on Sept. 26, his work from that date to October 1 being worth $9.76. The plaintiff further testified that on October 6, a dispute arose be
The service rendered prior to October 1 was not included in the contract of hiring, which was to become effective on that day. Hence, the plaintiff was entitled to recover for this service, and the court was right in directing a verdict for him for its proved value. Judgment affirmed.